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Article 62 Persons who are mentally infirm

United Kingdom

(1)

Where—

(a)

a person is, or is alleged to be, entitled to benefit, whether or not a claim for benefit has been made by him or on his behalf; and

(b)

that person is, in the opinion of the Secretary of State incapable of managing his own affairs by reason of mental infirmity; and

(c)

no person has legal authority to act on his behalf

the Secretary of State may in writing appoint a person (who, if a natural person, is over the age of 18) to act for that person in respect of this Order.

(2)

A person appointed under paragraph (1) shall—

(a)

exercise, on behalf of the mentally infirm person, any right to which that person may be entitled under this Order and fulfill on his behalf any duty imposed on that person by this Order;

(b)

receive and deal with any sums payable to him; and

(c)

apply those sums for the benefit of the mentally infirm person.

(3)

Where the Secretary of State has made an appointment under paragraph (1)—

(a)

he may at any time revoke it and make another appointment under paragraph (1); and

(b)

the person appointed may resign his office after having given one month's notice in writing to the Secretary of State of his intention to do so.

(4)

The Secretary of State may, before appointing a person under paragraph (1), require that person to give such undertaking as the Secretary of State considers necessary as to the use of the sums paid to him.